[Constitution]. A constitution or frame of government. Agreed upon by the delegates of the people of the State of Massachusetts-Bay, in Convention. Begun ... September, 1779. And continued ... to ... March, 1780. To be submitted to the revision of their constituents, ... 1780

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CONSTITUTION.

FRAME. or GOVERNMENT;

Agred pon a by the 8 of the People of the State of |

assess c-Bar,
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e Oo N v E N T I O N.
Bcguz and held at Cembridge on the Fil of 3 1976

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| Continues * Ads ouraments to the Second cf fer 1789,

|| owe 3 the Reviſion 5 their Corfilinents, in Ode

to the compleating of the ſame, in Conformity to their Amend-

ments, at a Seffion to be held for thai N on he ES

n in Jexe next een

BITION: Stars of Missacuvstzrs Bar,

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| A Chuſticrition « or Foul of Go: |
vernment for the Common-

u calth of MASSACHUSETTS. |

PREAMBLE,

do protect it; and to furniſh the indivi-
8 duals who compoſe it, with the power of enjoying,
In ſafety and tranquility, their natural rights, and
the bleſſings of life: And whenever theſe great
objects are not obtained, the people have a right to
alter the government, and to take meaſures neceſſe-
Ty for their ſafety, proſperity and happiness.
Tux body- politic is formed by a voluntary aſſo-
_ Eiation of individuals: It is a ſogjal compact, by

which the whole people covenants with each citi-

ken, and each citizen with the whole people, that
all ſhall be governed by certain laws for, the com-
mon good, It is the duty of the people, therefore,
in framing a Conſtitution of Government, to pro-
vide for an equitable mode of making laws, as well

as for an impartial interpretation, and a faithful ex-

ecution of them ; that erery man may, at all times,
and his ee in them Wa,

H E end of the intimen üäinten de |
and adminiftration of government, is te
ſecure the exiſtence of the body- politic;

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Wr, therefore, the people of Maſſachuſetts, ac-
knowledging, with grateful hearts, the goodneis of

f the Great Legiflator of the Univerſe, in affording
J us, in the courſe of His providence, an opportunity,
; | deliberately and peaccably, without fraud, viofence
5 or ſurprize, of entering into an original, explicit,

and ſolemn compact with each other; and of for-
ming a new Conſtitution of Civil Government, for
ourſelves and poſterity; and devoutly imploring
His direction in to intereſting a deſign, DO agres
upon, ordain and eſtabliſh, the following Declara-
tion of Rrgbts, and Frame of Government, ' as the
CONSTITUTION of thz COMMON WEALTH

of MAa$Sacfav3tr rs; NC nw 2 OY. Br” hq

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E

pF A R 1 ur FIRST.

| A DECLARATION of the RIGHTS

of the Inhabitants of the Common-
| wealth of MAS$4CHUSETTS.

1 A LL men are born free and equal, and have
I. /A certsin natural, eſſential, and unalienable
| richts; z among which may be reckoned the right

of enjoying and defending their lives and liberties ;;
that of acquiring. poſſeſſing, and protecting pro-
perty; in fine, that of ſeeking and obtaining heir
fafety and hnppinefs,

II. Ir is the right as well as the duty of all men
in ſociety, publicly, and at ſtated ſeaſons, to wor-
| ſhip the SUPREME BEING, the great creator and

Ter of the univerſe, And no ſubject ſhall be

'Hurt, moleſted, or reſtrained, in hrs perſon, liberty,

or eſtate, for worſhiping GOD j in the manner and

feaſon moſt agreeable to the dictates of his'own
conſcience”; or for lis religious profeſſion or ſenti-

ments; provided he doth not diſturb the public
peace, or obſtruct others in their religious woerſhip.

III. As the happineſs of a people, and the good

dteder and pre tervation of civil government, eſſenti-

ally depend upon piety, religion and morality; and

às theſe cannot be generally diffuſed through a com-

munity, but by the inſtitution of the public wor-
ſhip of GOD, and of public inſtructions in piety,
8 and morality : Therefore, to promgte their

| Happineſs, and to fecure the od order and preſer-

vation of their government, the people of this Com-
monwealth bars a right to inveſt their legilſators

W wick

nr

with power to authorize and e and the le-
giflature ſhall, from time to time, authorize and re-

quire, the ſeveral towns, Par: ſhes, precincts, and

other bodies politic, or religious ſocictics, to make
ſuitable proviſion, at their own expence, for the in-
Kitution of the publie worſhip of GOD, and for
the ſupport and maintenance of public proteſtant
teachers of piety, religion and morality, in all eaſes
where fuch proviſion | ſhall not be made voluntarily.
AND the pcople of chis Commonwealth have alſo
aright to, and do, inveſt their legiſlature with au-

thority to enjoin upon all the ſubjects an attendance

upon the inſtructions of the public teachers afore-

laid, at ſtated times and ſcatons, if there be any on

whoſe inſtructions they can conſciencioufly_ and

conveniently attend,

PaeviDED notwithſtanding, that the Sal.

towns, pariſhes, grecincts, and othe. bodies- politic,
or religious ſocięties, ſhall, at all times, have the
excluſive right of cleQing their public teachers, and
of contracting with them for their ſupport and

maintena ce.

As all monies paid by the fobje& to the ſup= |
Fort of public wor ſhip, and of the public teachers
2 trefgid, ſhall, if he require it, be uniformly ap-
plied to the lupport ot the public teacher or teach-
ers Of his own religious ſect or denomination, pro-
vided there be any on whole inſtructions he attends;
etherwiſc it may be paid towards the ſupport of N
the 5 up or teachers of the pariſh. or precinct in
Which The ſaid monics are raifcd, 5 0
AD every denomination of chriſtians, demean-
ing chemſclves peaceably, and as good lubiects of

tie Commonwealth, all be equally under the pro-
tection

E

tion of the law : And no ſubordination of an
one ſe& or denomination to another thall ever bs
eſtabliſhed by law.

IV. Tae people of this Commonweakts Ki

the ſole and excluſive right of governing themſelves

as a free, ſovereign, and independent ſtate; and do,
and forever hereafter ſhall, exerciſe and enjoy every

power, juriſdiction, and right, which is not, or
may not hereafter, be by them expreſly delegated to
the United istates of America, in Congreſs aſſembled,

V. Alt power reſiding originally in the people,
gn being derived from them, the ſeveral magi-
ſtrates and officers of government, veſted with au-

af ' thority,” whether legiflative, executive, or judicial,
are their ſubſtitutes: and agents, and are at all times
ho * accountable to them.

TY VI. 'No:man, nor corporation, or c of
men, have any other tithe to obtain advantages, or
articular- add excluſiye privileges, diſtinct from

%

khoſe of the community, than what ariſes from the
-© confideration iof ſervices rendered to the public;
and this title being in nature neither hereditary, nor
tranſmifſible to children, or deſcendents, or relations
dy blood the idea of a man born a magiſtrate, law-
er or judge, is abſurd and unnatural. _

VII. GOV SNN ENT is inſtituted for the com-
mon good, ; tor the protection, ſafety, proſperity
080 happinels of the people; and not for the pro-

—

fit, honor, or private intereſt of any one man, fa-

mil or claſs of men : Therefore the people alone
have an inconteſtible, unalienable, and indefeaſibſe
right to inſtitute government; and to reform, alter,

or "totally change the ſame, when their protection,

Ley, e ang . e recs, it.

3 . "ut on + vil, Tn

5 .

1 [: 4 8
VIII. In order to prevent thoſe, who are reſted |
tl with authority, from becoming opprefſors, the peo-
1 . ple have a right, at ſuch periods and in ſuch man-
_ ner as they call eſtabliſh by their frame of govern -
4 ment, to cauſe their public officers to return to pri-
vate life; and to fill up vacant places by Certain and
regular elections and appointments. 5
7 IX. Art elections ought to be free; and all the
} inhabitants of this Commonwealth; having ſuch
4 © qualifications as they ſhall eſtabliſh by their frame
#8 of government, have an equal right to elect officers,
1 and to be elected, for public employments. .
1 K. Eacy individual of the lociety has a right W
to be protected by it in the enjoy ment of his life,
. liberty and property, according to ſtanding laws.
He is obliged, conſequently, to contribute his ſhare
| E to the expence of this protection; to give his per-
1 ſonal ſęrlice, or an equivalent, when neceſſaty:
| But no part of the property of any individual, can,
with inktice, be taken from him, or applied to pab-
lie uſes, without his own conſent, or that of the
| "| repraſentrive body of the pecple : In ine, the peo-
ple of this Commonwealth are not contrenlable by a-
ny other laws, than thoſe to vhich their conftitution-
© a} repreſentative body have given their conſent, And
v henever the public exigencies require, that the

perty. of any individual ſhould be appropriate
* I e uſes, he (hall receive . reaſonable Compents-

Aion therefor: |
XI. Every ſubjet of the i ALTOS ought =
to find a certain remedy, by having recourſe to the
laws, for all injuries or wrongs which he may re-
ceœive in his. perſon, property, or cbaraQer,. He

da zat to obtain right and 8 freely, and *
0

5 11

\

out being ebliged to varchaſe it ; compleatly, and
without any denial ; promptly, and without N 3
con formably to the laws.

EII. No ſabject ſhall be held to anſwer for any

| erime or offence, until the ſame is fully and plainly, |
ſubſtantially and formally, deſcribed to him; er bs
3 compeiled to accuſe, or furniſh evidence againſt him-

ſelf. And every ſubject ſhall have a right to pro-

duce all proofs, that may be favourable to him; to
meet the witneſſes againſt him face to face, and to
be fully heard in his defence by himſelf, or his coun- g

cil, at his election. And no ſubject. ſhilll be arreſt-
ed, impriſoned, deſpoiled, or deprived of his pro-

perty, immunities, or privileges, put out of the pro-

tection of the law, exiled, or deprived of bis life,
liberty, or eſtate, but by the judgment of his peers,
5 or the law of the land, |
Axt the legiſlature ſhall not make any law, that
hall jubject any perſon to a capital or infamous pu-
niſhment, excepting for the 3 of the army
and navy, without trial by jury.

XIII. Is criminal proſecutions, "the verification
of facts in the vicinity where they happen, is one of

the greateſt ſecurities of the ns liberty, and pre-
perty « of the citizen.

XIV. Evesy ſubjet has a right to be ſecure

from all unreaſonable ſearches, and ſcizuret of his

perſon, his houſes, his papers, and all his poſſeſſions,
All warrants, therefore, are contrary to this right,

if the cauſe or foundation of them be not previouſly

ſopperted by oath or aftirmation-and if the order
in the warrant to a civil officer, to make ſearch in

ſiulpected places, or to arreſt one or more ſuſpected.
pPerſons, or te ſeize their property, be aot accompa-
' nied with a Ipecial 2 0; tho prey or ob-

— w—_—_ — — we wks — —_ —

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c 448 |

ON. 4

jefts of ſearch, arreſt, or ſeizure ; and no warrant
ought to be illocd but in caſes, and with the forma-
licies, preſcribed by the laws.

XV. Ix all controverſies concerning property,
and in all ſuits between two or more perſons, ex-
0 1. in caſes in which it has heretofore been other-

ways uſed and practiced, the parties have a right to
a trial-by a jury; and this method of procedure
1 ſhall be held ſacred, upleſs, 1 in Cauſes ariſing on the
: FR high- ſeas, and ſuch as felate to mariners wages,
5 the legiflature ſhall hereafter find it neceſſary to al-
? ter it,
} PADS © XVI. Tue liberty of the preſs i is efſential to the
i | ſecurity of ticedom in a ſtate : it ought not, there-
: fore, to be reitrained in this Commonwealth.
Hy + XVII. Tus p. ople have a right to keep and te
I bear arms for the c mmon deſence.' And as in
10 time of peace armies are dangerous to liberty, they
1. . ought not to be maintained without the conſent of
the legiſlature z and the military power ſhall always
be held in an exact ſubordination to the civil autho-
rity, and be governed by it.
XVIII. AFREQUE&NT recurrence to the funda-
2 1 mental principles of the conſtitution, and a*conflant
adherence to thoſe of piety, juſtice, moderation,
tempetance, induitry, and trugality, are abſolutely
[3 nucfary to preferve "the advantages of liberty, and
RN ro maintain a free government: The people ought,
{1 cen cquently, to have a particular attention to al!
7 hole principles, in the choice of theii offices and
H T repreſentatives : And they have a right to require
[ et their law-giyers and ma. iftrates, a exact and
1 | conſtant obtervance of them, in the formation and
Þ execution ef the Jaws neceſſary for the good admi-
| ;ltration of the Commonwealth, © XIX. Tug

the legillarue, ;

EE 1

xx. Tux adtahe” have a right, in an —
and peaceable manner, to aſſemble to conſult upon #4
the common good ; give inſtructions to their repre- a
ſentatiyes; and to requeſt of the legiſlative body, by
the way of addreſſes, petitions, or remonſtrances,

7 redrels of the wrongs done them, and of the Stie-
vances they ſuffer.

XX. Tux power of ſuſpending the Jaws, or the
execution of the laws, ought never to be exerciſed
but by the legiſlature, or by authority derived from
it, to be exerciſed in ſuch particular caſes only as
| the legiſlature ſhall expreſly provide for.
XXI. Tas freedom of deliberation, ſpeech and
debate, in eicher houſe of the legiflature, is ſo eflen-
tial to the rights of the people, that it cannot be
the foundation of any accuſation or proſecution, ac-
tion or eon in any other court or place what-

5 ſoover. A FL

XXII. Tur Jegilatire ought Seals to 1.

| ſemble for the redreſs of grievances, for correcting,
ſtrengthening, and confirming the laws, and for ma- |
king new laws, as the common good may require.

XXIII. Ne ſubſidy, charge, tax, impoſt, or du-

ties, ought to be eſtabliſhed, fixed, laid, or levied,

under any pretext whatſoever, without the conſenter”

the people, or their repreſentatives in the legiſlature.

XXIV. Laws made to puniſh for actions done 2 1
before the exiſtence of ſuch laws, and which have 7 7
not been declared crimes by preceding laws, are un-
juft, oppreſſive, and incenfiſtent with the funda-
mental principles of a free government. CY
XXV. No ſubje@ ought, in any caſe, er in any
time, to be deelared Ys of I ON or ee by

XXVI, No

ol fo
LE

TT — —̃ ö „ͤ»„„ „ nt ms. wary

„

XXVI. No magiſtrate or court of law, ſhall de-
mand exceſſive bail or ſureties, impoſe exceflive
fnes, or ivflitt cruel or unuſual puniſhments. 1
XXVII. Is time of peace no ſoldier ought to be
quartered in any houſe without the conſent of the
owner; and in time of war ſuch quarters ought not
to be made but by the civil magiſtrate, in a manner
ordained by the legiſlature, _ V

XXVII. No perſon can in any caſe be ſubjec-
ted to law- martial, or to any penalties or pains, by
virtue of that Jaw, except thoſe employed in the ar-
my or navy, and except the militia in actual ſervice,
but by authority of the legiſlature,
XXIX. IT is eſſential ta the preſervation of the
rights of every individual, his life, liberty, property
and character, that there be an impartial interpre-
tation of the laws, and adiniviſtration of juſtice, It
3s the right of every citizen to be tried by judges as
free, impartial and independent as the lot of huma-
nity will admit. It is therefore not only the beſt
policy, but for the ſecurity of the rights of the pee-
ple, and of every citizen, that the judges of the ſu-
- preme j idicial court ſhould hold their offices as lon
as they behave themſelves well; and that they ſheul
have honorable ſalaries aſcertained and eſtabliſhed
by ſtanding laws. | 35

»

XXX. Ix the porernment of this Common-

Wealth, the legiſlative department ſhall never exer-
ciſe the executive and judicial powers, or either of
them: The executive ſhall never exerciſe the le-
giſletive and judicial powers, or either of them : The
judicial thall never exerciſe the legiſlative and ex-

c̃utive powers, or either of them : to the end it

may be a government of laws and not of men.

— 7 :

PART

— * — ,” ——

2 4 R 3 THE srconp.

The Frame of Covernment.

h T H E people inhabiting the territory beicell)
5 called the Province of Maſſachuſetts- Bay, do
| her-by ſolemnly and mutually agree with each
.. ether, to form themſelves into a free, ſovereign,
and independent body - politic or ſtate; by the name
. of THE. COMO ROGER Of MAS8A-
CHUSETTS.

$43 *

cena rr ER *

The Legilative Power.

45 r ee
The General Court.

1 L Ti NHR S of ee Hall 1 be

formed by two branches, @ Sende and Houſe of Re-
Preſentatiuts: each of which ſhall have a re
on the other.
Tur legiſlative body hall aſſemble every year on
the laſt Wedneſday in May, and at ſuch other times
as they ſhall judge neceſſary; and ſhall diſſolve and
be dictolved on the day next preceeding the ſaid laſt .
Wedneſday in May; and ſhall be ſtiled, Tux GE
5 NERAL CourT of MASSACHUSETTS,

II. Ne bill or reſolve of the Senate or Houſe of

N. Repreſentatives ſhall become a law, and have force as
; lech, until it tall! have been laid before the Gover=

—— — Oo — — 2 — — + _— << —_— — —2— — — — CL — —

ner

7

N * bind 2 — ro
_ i — Treat ——

L 16

nor for his reviſal: And if he, upon ſach reviſion,
approve thereof, he ſhall fignity his approbation by
figning the ſame. But if he have any objection to
the paſting of ſuch bill or reſolve, he ſhall return

the ſame, together with his objeclions thereto, in
writing, to the Senate or Houſe of Repreſentatives,

in which ſoever the ſame ſhall have originated;

who ſhall enter the objections ſent down by the

| Governor, at large, on their records, and proceed
to reconſider the ſaid bill or reſolve : But if after

ſuch reconſideration, two thirds of the ſaid Senate
or Houſe of Repreſentatives, ſhall, notwi: hſtanding
the ſaid objections, agree to paſs che ſame, it ſhall,

together with the objections, be {Ent to the other
branch of the legiſlature, where it ſhall alſo be re-
conſidered, and if approved by two thirds of the

members preſent, it ſhall have the force of a law:
Put in all ſuch caſes, the votes of both houſes ſhall

be determined by yeas and nays; and the names of
the perſons voting for, or againſt, the ſaid bill or re-

Jolve, ſhall be entered 1. che public records of
＋ the Commonwealth. 5 Fond

' AND in order to prevent unneceſſary delays, if

any bill or reſolve ſhall not be returned by the Go-

vernor within five days after it ſhall have been pre-

ſented, the ſame ſhall have the force of a law.”

III. Tag General Court ſhall forever have full

power and authority to erect and conſtitute judica-
tories and courts of record, or other courts, to be

held in the name of the Commonwealth, for the
kearing, trying, and determining of all manney of
crimes, offences, pleas, proceſſes, plaints, actions,
matters, cauſes and things, whatſocver, ariſtng or

happening within the Commonyealth, or eiern
6 or

mt

or cotcercing perſons 10 or reſiding,

0 r

whether the ſune ke
crimiaal or civil, or whether the ſaid crimes be ca-
pital or not capital, and whether the ſaid pleas be
and for the awarding and
To which
courts and jadicatories are hereby given and gran-
ted full power and authority, from time to time. to
for the better dif-
covery of truth in any matter in CO or de-

brought within the ſame ;

real, perſonal, or mixt;
making out of execution thereupon:

adminiſter oaths or affirmations,

= pending before them.

IV. ANp further, fall power and authority are
| hereby g given and granted to the ſaid General Court,
to make, ordain, and eſtabliſh,
all manner of wholefored and realonable orders, a

Jaws, ſtatutes, and ordinances, directions and in-

from time to time,

ſtructions, either with penalties or without;

ſo as

the ſame be not repugnant or contrary to this Con-
ſtitution, as they ſhall judge to be for the good and
welfare of this ae and for the govern-

ment and ordering thereof, ind of the fubjects ©
the ſame, and for the neceſſary ſupport and detence

olf the government thereof; and to name and ſettle
annually, or provide by fixed laws, for the 1aming
and ſettling ail civil officers within the ſaid Com-
the election and conſtitution of whom
are not hereafter in this Form of Government other- -
and to ſet forth the ſevera! du-

monwealth ;

wiſe provided for ;

ties, powers and limits, of the ſeveral civil and mi-
litary officers of this Commonwealth, and the forms
of ſach oaths or affirmations as (hall be reſpectively
adminiſtred unto them for the execution of their
places, ſo as the ſame be nat: ern
d to
1

ſeveral offices and
paugnant or contrary to this Conſtitution;

Boſe

N

1 8 15

nor for his iel And if be, upon meh revidua;
approve thereof, he ſhall fignity his approbation by
figning the fame... But if, he have any objection to
the paſling of ſuch bill or reſolve,” he (hall return
the ſame, together with his objefions thereto, in
. writing, to the Senate or Houſe of Repreſentatives, - |
in Which boever, the 28 ſhall. habe originated;
who ſhall enter the obhections ſent down by the
Governor, at large, on their records, and proceed
to reconſider the [aid bill or reſolve: But n after
ſuch reconſideration, wo Thirds of the laid Senate
8 Houſe of Repreſentatives, ſhall, F
the ſaid; objeQions, agree to paſs the ſame, it (hal
together un the ob Sibel, be io. D the other
branch of the legiſlature, where it ſhall alſo be re-
conſidered, and if appfoved by two thirds of the
members preſent, it Fall have the force of a law :
Put in all ſuch caſes, che votes of bothſhouſes ſhall
be detetmined by yeas and nays ; and the names of
the perſons voting for, or againſt, the ſaid bill or to-
| ne ſhall be entered upon che PRE e ol
" the Commonweilth;--;:; erty
| Aud in order to prevent. 1 delays, if
* Lay bill or reſolve ſhall not be returned by he Go-.
vernor within five days after it ſhall have deen pre-
ſented, the ſame ſhall have the force of à la.
III. Tas General Court ſhall, foreyet have full
power and authority to etect and conſtitute judica- F
tories and courts of record, or other courts, to be
held in the name of the Commonwealth, for the
305 a hearing, trying, and determining of all manner of.
_ -. crimes; offences, pleas, proceſles; plaiots, actions,
matters, cauſes and things, whatſoever, ariſing or
= happening within the Commonyealth, or b en

or concerning perſons inbabiting, or refidin®, ot

courts. and jadicatories are hereby given and gran-
ted full power and authority, from time to time, to

| hercby given and granted to the ſaid General Court,

all manner of wholeſome and reaſonable orders,
laws, ſtatutes, and erdinances, directions and in- 7
ſtructions, either with penalties or without; ſo as TOY 1 2
the ſame be not repugnant or contrary to this Con-

the ſame; and for the neceſſary ſupport and defence

- =
— by Tr 18 5

brouz ht within the ſame ; whether the ſane Fe >
crimiaal, or civil, or whether the ſaid crimes be ca- \ .

5 pital or not capital, and whether the 1aid pleas be

real, perſonal, or mixt; and for the awarding and
making out of execution thereupon: To which

adminiſter oaths or affirmations, for the better dif-
covery of truth in any matter in n © or de-
pending before them.

IV. Anp further, full power and dochoiiey are

from time to time, to make, ordain, and eſtabliſh,

52

71. 15 7

ſtitution, as they ſhall judge to be for the good and

welfare of this n and for the govern-

ment and ordering thereof, and of the ſubjects o A 2
F

of the government thereof; and to name and ſettle”
annually,-or provide by fixed laws, for the naming

and ſettling ail civil officers within the ſaid Com- |
monwealth ; the election and conſtitution of whom R
are not hereafter in this Form of Government other-

wiſe provided for; and to ſet forth the ſeveral du-

ties, powers and limits, of the ſeveral civil and mi-

litary officers of this Commonwealth, and the forms 5
of ſuch. oaths or affirmations as ſhall be reſpectiyely

adminiſtred unto them for the execution of their
ſeveral offices and places, fo as the ſame be not re-
pugnant or contrary to this Conſtitution ;

and to

0 * impoſe

. — 2

rw.

impoſe and levy proportional and reaſonable aſſeſſ-
ments, rates, and taxes, upon all the inhabitants

of, and perſons reſident, and eſtates lying, with-
in the ſaid Commonwealth ; and alſo to im-

poſe, and levy,reaſonable duties and exciſes, upon any

produce, goods, wares, merchandize, and commo-
dities whatſoever, brought into, produced, manu-

factured, or being within the ſame; to be iſſued

and diſpoſed of by warrant, under the hand of the

Governor of this Commonwealth for the time be-
ing, with the advice and conſent of the Council,
for the public fervice, in the neceſſary defence and

ſupport of the government of the ſaid Common-
wealth, and the protection and preſervation of the
| the ſubjects thereof, according to ſuch acts as are or
ſhall be in force within the ſame. „„

Ap while the public charges of government,

or any part thereof, ſhall be aſſeſſed on polls and

eſtates, in the manner that has hitherto been practi-

ſed; in order that ſuch aſſeſſments may be made
with equality, there ſhall be a valuation of eſtates

_ withia the Commonwealth taken anew once in

every ten years at the leaſt, and as much oftener as

the General Court ſhall order.

—

CHAPTER 1.
* C r e
* -
Art. 1. THERE Chal be annually elected by the
frecholders and other inhabitante of this

r

8

ET 8

.

tw J

provided, forty perſons to be Counſellors and Sena-
tors for the year enſuing their election; to be choſen
by the inhabitantsof thediſtricts, into which the Com-
mon wealth may from time to time be divided by

the General Court for that purpoſe: And the General
Court, in aſſigning the numbers to be elected by
the reſpective diſtricts, ſhall govern themſelyes by
the proportion of the public taxes paid by the ſaid
diſtricts; and timely make known to the inhabi-
tants of the Commonwealth, the limits of each di-
_ tri, and the number of Counſellors and Senators
to be choſen therein; provided that the number of
ſuch diſtricts ſhall be never leſs than thirteen; and
that no diſtrict be ſo large as to entitle the ſame to
chooſe more than ſix Senators. „

AN p the ſeveral counties in this Commonwealth

ſhall, until the General Court ſhall determine it
neceflary to alter the ſaid diſtricts, be diſtricts for
the choice of Counſellors andSenators, (except that
the counties of Duke'sCounty and Nantucket ſhall
form one diſtrict for that purpoſe) and ſhall elect
the following number forCounſellors and Senators,

viz, Suffolk Six York: Two
ern --;-- Six - Dake'sCounty FR
Middleſex Five and Nantucket _

Hampſhire Four Worceſter Five
Plymouth Three Cumberland One
Barnſtable One Lincoln Ons
Briſtol Three Berkſhire Two
II. Tae Senate ſhall be the firſt branch of the
legiſlature; and the Senators ſhall be choſen in the
following manner, viz, There ſhall be a mecting

on the firſt Monday in April annually, forever, of

the inhabitants of each town in tho ſeveral counties

"ES © <>

PO

—_ . 4
— =

I „

of thiscommonwealth; to be called by t the Sele&- |
men, and warned- in due courſe of law, at leaſt ſe-
ven days before the firſt Monday in April, for the
purpole of electing perſons to beSenators andCoun-
ſellors: And at ſuch meetings every male inhabitant
of twenty-ore years of age and upwards, having a
freehold eſtate within the Commonwealth, of the
2nnual income of three pounds, or any eſtate of the”
value of ſixty pounds, ſhall have a right to give in
his vote for the Senators for the diſtrict of which
he is an inhabitant. And to remove all doubts
concerning the meakung of the word“ inhabitant”
in this conſtitution, every perſon ſpall be confidered
as an inhabitant; for the purpoſe of electing and be-
ing elecied into any office, or place within this
State, in that town, diſtrict or plantation, where he
h dwellcth, or bath his home, * © | N
Tux ScleAmen of the ſeveral towns ſhall preſide
at ſuch meetings impartially; and ſhall receive the
votes of ail the inhabitants of ſuch towns preſent
end qualified to vote for Senators, and ſhall fort and
count them in open town mecting, and in preſence
of the Town Clerk, who ſhall make a fair record,
in preſence of the $cleAmen, and in open town-
meeting, of the name of every perſon voted for,
and of the number of votes againſt his name ; and :
a fair, copy of this record ſhall be atteſted by the Se-
lee: men and the Town-Clerk, and ſhall be ſealed
up, direQed to the Secretary of theCommonwealth
for the time being, with a ſuperſcripticn, expre(-
{ing the purport of the contents thereof, and deli-
vered by the Town-Clerk of ſuch towns, to the
Serif cf the county in which ſuch town les, thir-
ty days at le: 1 betors the laſt Wedneſday in May
1 8 e BS annually ;

po —A—ů—

annually ; or it ſhall be delivered into the Secreta-
Ty's office ſeventeen days at leaſt before the ſaid laſt
Wedneſday in May; and the Sheriff of each coun-
ty ſhall deliver all ſuch certificates by him received
into the Secretary's office ſeventeen days before the
{aid laſtWedneſday in May, _
Aup the inhabitants of plantations unincorpo ·
rated, qualified as this Conſtitution provides, who
are or ſhall be em owered and required to aſſeſs
taxes upon themſelves toward the ſupport of go-
vernment, ſhall have the ſame privilege of voting
for Counſellors and Senators in the plantations.
where they reſide, as town inhabitants have in their
reſpective towns ; and the plantation- meetings for
that purpoſe ſhall be held annually on the ſame firſt
Monday in April, at ſuch place in the plantations
reſpectively, as the Aſſcſſors thereof ſhall direct;
which Aſſeſſors ſhall have like authori ity for notify 6
ing the ele, collecting and returning the votes,
as the Seleckmen and Towa-Clerks have in their
ſeveral towns, by this Conſtitution, And all other
perſons living i in places unincorporated (qualified as
aforeſaid) who ſhall be aſſeſſed to the ſupport of |

government by the Aſſeſſors of an adjacent town,

ſhall have the privilege of giving in their votes for
Counſellors and Senators, in the town where they
ſtall be aſſeſſed, and be notified of the place of meet-
ing by the Sele Amen of the towa where they (hall
be aſſaſſed, for that purpoſe accordingly.
"FL; Ard that there may be a due convention
of Scnators on the laſt Wedneſday in May annually, .
the Governor, with five of the Council, for the time
being, ſhall, as ſoon as may be, cxamine the re-
| furned copies of ſuch records ; and tourteen day
5 be

/

„

before the ſaid day he ſhall iſſue his ſummons to
ſuch perſons as ſhall appear to be choſen by a ma-
Jority of voters, to attend on that day, and take their
ſeats accordingly. : Provided nevertheleſs, that for
the firſt year the ſaid returned copies ſhall be exa-
mined by the Preſident and five of the Council of
the former Conſtitution of Government; and the
faid Preſident ſhall, in like manner, iſſue his ſum-

mons to the perſons ſo elected, that they may take

their ſeats as aforeſaid,
IV. Tus Senate ſhall be the final judge of the
elections, returns and qualifications of their own
members, as pointed out in the Conſtitution ; and
ſhall, on the ſaid laſt Wedneſday in May annually,
determine and declare who are eleded by each diſ- _
trict, to be Senators by a majority of votes: And
in caſe there ſhall not appear to be the full number
of Senators returned elected by a majggity of votes
for any diſtrid, the deficiency ſhall bEMupplied in
the following manner, viz. The e of the
Houſe of Repreſentatives, and ſuch Senators as ſhall
be declared elected, hall take the names of ſuch par-
ſons as ſhall be found to have the higheſt number of
votes in ſuch diſtrict, and not eleged, amounting
to twice the number of Senators wanting, if there
be ſo many voted for; and out of theſe, ſhall elect

by ballot a number of Senators ſufficient to fill up

the vacancies in ſuch diſtrict: And in this manner
all fuch vacancies thall be filled up in every diſtrict
of the Commonwealth; and in like manner all

Vacancies in the Senate, ariſigg by death, removal

out of the State, or otherwite, hall be ſupplied
as ſoon as may be, after ſuch vacancies thall hap-
pen, Ct Rs <a N 1

V. Proviokn

—

E

V. PreviperD nevertheleſs, that no perſon ſhall
be capable of being elected as a Senator, who is not
| ſeized in his own right of a freehold within this
Commonwealth, of the value of three hundred = Z6©
pounds at leaft, or poſſeſſed of perſonal eſtate to the :
value of fix hundred pounds at leaſt, or of both to- LL
the amount of the fame ſum,and who has not been EY
an inhabitant of this Commonwealth for the ſpace
of five years immediately preceeding his election,
and at the time of his election, he ſhall be an ina
bitant in the diſtrict, for which he ſhall be choſen.
VI. Tus Senate ſhall have power to adjonrn
themſelves, provided ſuch adjournments do not ex-
ceed two days ata time. „ :
VII. Tus Senate ſhall chooſe its own Preſident,
appoint its own officers,and determine its own rules

„ ef procecdmgy, tt: = ”
VIII. Tue Senate ſhall be a court with full au-
thority to hear and determine all impeachments
made by the Houſe of Repreſentatives, againſt any
officer or officers of the Commonwealth, for miſ-

conduct and mal-adminiſtration in their offices.
But previous to the trial of every impeachment, the
members of the Senate ſhall reſpectively be ſworn,
truly and impartially to try and determine the
| charge in queſtion, according to evidence. Their
judgment, however, ſhall not extend further than
to removal from office, and diſqualification to hold
or enjoy any place of honour, truſt, or profit, under
this Commonwealth: But the party ſo convicted,
| ſhall be nevertheleſs, liable to indictment, trial,
judgment, and puniſhment, according to the laws
of the land, „„
IX. Nor leſs than ſixteen members of the Se- Fa
nate ſhall conſtitute a quorum for doing buſineſs, { Ws

©" CHAF:

OO EI —

Fg #
CHAPTER I:
(ca N NN.

SY

y=4 **

Houſe of Repreſentatives. |

Art. I. HERE fhall be in iheLegiſlature of this |
Bo Commonwealth, re d mac of the
ounded 70. the

people, annually elected, and
principle of equality.
II. Anvp in order to provide for a e
tion of the citizens of this Commonwealth, founded
upon the principle of equality, every corporate town

containing one hundred and fifty rateable. polls,
may elect one Repreſentative : Every corporate
town, containing three hundred and ſexentyrfive,

rateable polls, may ele& two . Repreſentatives :
Every corporate town, containing fix hundred rate-

able polls, may elect three Repreſentatives ; and.
Proceeding in that manner, making two hundred:
and twenty-five rateable polls the mean incredſing,
number for every additional Repreſentative, , *-.,

PROVID ZD nevertheleſs, that each town now in-
corporated, not having one hundred and fitty tate

able polls, may clet one repreſentative : : but no

lace ſhall hereafter be incorporated with the pri-
vilege of cleAing a Repreſentative, unleſs there are

within the ſame one hundred and fiſty rateable polls, |

' Anp the Houſe of Repreſentatives ſhall have

power from time to time to impoſe fines upon ſuch ;
towns as ſhall neglect to chooſe and return mem
bers to the lame, e to this ( Conſtitution. 127

——U— moos _

Tus

*

7 2

+4

—

£2 |
a. as. A 1

4 TTL
ama a. ee ac _ -

EY

—

E000

.

"off year at leaſt next preceeding his eleQioy, ſhall

; Wen a * ” :
” % ( N K $a! * 5 : U * *
. K es ſhe." x N » 1 " $ ' *
l . * — | * , :
4 1 ” 4 % . = . . "
« # . 1 f *
» a * * \
. R | A

x Gi erte 6: ea to oh FERN! At
N and return.ng home, once in every teſſion,

4

nd no more, ſhall be paid by the governmeat, ot
-of the public treaſury, to every member who mos

attend as ſeaſbnably as he can, in the judgment
the Honſe, and does not depart withodt leave.

III. EHV member of the Houſe of Repreſen-

tatives ſhall be choſen by written votes; and for

have been an inhabitapt of, and have been ſeized i ia

his own right of a freehold of the value of one hun-

_'dred pounds within the town fie ſhall be cholen =

tc repreſent, or any rateable eſtate to the value

_ of two hundred pounds; and he ſhall ceaſe to

_«fepreſent the ſaid town immediately on his ceaſing
to be qualified as aforeſaid,

IV, Every male perfoy, bring? twenty-one

genre of age, and reſident in any particular town in

tis Commonwealth for the ſpace of one year next
er-. having a frechald eſtate within the ſam

owa, of the annual income of three pounds, or any

95 Eitate of the value of ſixty pounds, ſhall have a right
to vote in the choice of a Repreſentative Lats wt |
: tok atives for the laid town, _ 5
Tag members of the Hcuſe of Repreſents

| deres hall be choſen annually in the month of May,

ten days at leaſt before the laſt Wediieſday of that 85

wok. *

VI. Tire Houſe of Repreſentartves Wall be .
Grand Inqueſt of this Commonwealth ; and alk

impeachments made by them, hall be heard and .

tried by che Senats.

VI. ALL mofey- bills (ball originate i in the
Houſe of 9 but the Senate may pro-
E e Me

* i

by

E

CHAPTER I.
C

5

Houſe of Repreſcntatives.

Art. I. JP HERE ſhall be in theLegiſlature of this

Commonwealth, a repreſentation of the
people, annually elected, and ſounded upon ine

Principle of equality,

II. Ap in order to provide for a repreſenta-
tion of the citizens of this Commonwealth, founded
upon the principle of equality, every corporate town
containing one hundred and fifty rateable polls,

may eclect one Repreſentative : Every corporate

town, containing three hundred and ſeventy-five
rateable polls, may elect two Repreſentatives :
Every Corporate tOwn, containing fix hundred rate-

able polis, may elect three Repreſentatives ; aud

proceeding in that manner, making two hundred

and twenty-five rateable polls the mean increaſing.

number for every additional Repreſentative.

PRoviDeD nevertheleſs, that each town now in-

corporated, not having one hundred and fitty rate-
able polls, may clect one repreſentative : but no
lace ſhall hercafier be incorporated with the pri-
vilege of cleAing a Repreſentative, unleſs there are
within the ſame one hundred and fiſty rateable polls.

Axp the Houſe of Repreſentatives ſhall have
power from time to time to impoſe tines upon ſuch
iowns as ſhall neglect to choote and return mem-—

bers to the lame, aorecably to this Conſtitution.

3 Tux R

*

— F ;
0 a > * 0 42

4 * 1 * Th

1 1

Tus expences of travelling to tha Generel K

fembly. and returning home, once in every feſſion,
and no more, ſhall be paid by the governmeat, out
of the public treaſary, to every member who thall

attend as ſeaſbnably as he can, in the judgment of

the Howſe, and does not depart without leave.
II. EV SRV member of the Houſe of Repreſen-

tatives ſhall be choſen by written votes; and for

one year at leaſt next preceeding his ele <Qion, ſhall

have been an inhabitant of, and have been ſeized i ia

his own right of a freehold of the value of one huns
dred pounds within the town he ſhall be choſen
to repreſent, or any rateable eſtate to the value
of two hundred pounds; and he {hall ceaſe to

repreſent the ſaid town immediately on Dy cealing

to be qualified as aforeſaid,
IV. Every male perſon, being twenty-one

years of age, and reſident in any particular town in

tbis Commonwealth for the ſpace of one year next
DTreceeding, having a freehold eſtate within the ſanv's
fown:, of the annual income of three pounds, or any
eſtate of the value of ſix :ty pounds, ſhall have a right
to vote in the choice of a Repreſcntative or Repre-
. for the ſaid town.
v. Tus members of the Houſe of Repreſenta-
tives ſhall be choſen annually in the month of May,

ten days at leaſt before the laſt Wediieſday of that

month.
VI. Tire Houſe ot Repreſentatives mall be the

Stand Inqueſt of this Commonwealth; and lt
impeachments made by them, hall be heard and
tried by the Senats.

VII. Aut money- bills Gall originate in the

NE of Repreſentatives; but the Senate may pro ·
| Pole

L 26 f.

poſe or concur with amendments, as en other
bills.
VIII. Tus Houſe of Repreſentatives ſhall have
| power to adjourn tncmieives z provided ſuch ad-
journment ſhail not exceed two days at a time.
IX. Nor leſs than ſixty members of the Houſe
of Repreſentatives, ſhall conſtitute a quorum: for
doing buſineſs. .
X. Tu Houſe of Repreſentatives ſhall be the
judge of the returns, elections, and qualifications of
its own members, as pointed out in the conſtitu-
tion; ſhall chu ſe their own Speaker; appoint their
own officers, and ſettle the rules and orders of pro-
ceeding in their own houſe : They Hall have äu-
thority to puniſh by impriſonment, every perſon,
not a member, who ſhall be guilty of diſreſpect
to the Houle, by any diſorderly, or ee 1
behaviour, in its preſence; or who, in the town
where the General Court is fitting, and during the
time of its ſitting, (hall threaten harm to the body
or eſtate of any of its members, for any thing, ſaid
or done in the Houle ; or who thall aſſault any
of themetherefor; or who ſhall aſſault, or arceſt,
any witneſs, or other perſon, ordered to attend the
Houſe, in his way in going, or returning; or who
ſhall reſcue any perſon. arreſted by the order of the
Houſe.
Ap no member of the Houſe of Repreſenta=
tives mall be arreſted, or held to bail on mean pro-
cels, during his going unto, returning from, or

-

D
his ancnding, the General Aſſembly, _

XI. Tar <cnate (hall have the ſame powers | in
the like cates; and the Governor and Council Hall

have th 10 lame authority to puniſh in like caſes.
. N Provided

13 69 8

Provided iat no impri 1 ment on the warrant or
order of the Governor;* Council, Senate, or Houle
of Repreſentatives, for cher of the above- deſcribed
offences, be for a term exceeding thirty days.
Ans dhe Senate and Houſe of Repreſentatives
may try, and determine, all caſes where their righis
and privileges are concerned, and which, by the
Conſtitution, they have authority to try and deter-
mine, by committees of their own. members, or in
(RAY nen er as un ny: eee think beſt.

. K. 2 63

. c 1 A oy 2 7 * R u.

*

TH
*

| rl 5 Executive Powers. 5

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mT "HERE ſhall derne exerutive e a-
1. 1 giſtrate, who mall be ſtiled, THE GO-
VERNOR OF THE COMMONWEALTH
4 O MASSACHUSETTS; and-whoſe title mall
be—Y 18 EXCELLENCY. ATT |
II. Tug Governor ſhall be choten artatly:
And no perſon ſhall be e'igible to this office, unleſs
at the time of his election, he ſhall have been an
inhabitant of this Commonwealth for feven years
ne precceding; and unleſs he ſhall, at the ſame
time, be ſcized in his own right, of a freehold with-
in the Commonwealth, of the Value of one thouſand
pounds; ; and unleſs he '{hall declare himſelf to be
of the chriſtian os 8
| D2 III. Tom

% w_ —— 2 —

[8]

III. Tmcss perſons: who all be qualißed 10
vote for Senators and Repreſentatives within the
ſeveral towns of this Commonwealth, ſhall, at a

meeting to be called for that purpoſe, on the firſt
Monday of A pril annually, give in their votes for
Governor, to the electmen, who ſhall. preſide at
ſuch meetings; and the Town-Clerk, in the pre
ſence and with the. afhitance of the Seen
Mall, in open town- meeting, for: and count tho
votes, and form a liſt of: the perſons voted far,
with the number of votes for each perſon againſt
his name; and ſhall make a fair record of the ſeme
in the tewn books, and a public declaration there-
of in the ſaid meeting ; and ſhall, in the preſence
of the inhabitants, ſeal up copies ef the faid liſt, at-
teſted by him and the Selectmen, and tranſmit the... =
fame to «the Sheriff of the codnty; thirty days az
leaſt before the laſt Wedneſday in May ; and the
Sheriff (hall tranſmit the; ſame to the Secretary's
ofñce ſeventeen days at leaſt before the ſaid laſt
| Wedneſday-i in May; or the SeleQtmer may cauſe

returns of the ſame to be made to the office of the
Secretary ot the Commonwealth venteen qeys at
leaſt before the ſaid day; and the Secretary ſhatl |
lay the ſame before the Senate and the Houſe of
| Repreſentatives, on the haſt Wedneſday, in May, to
de by them examined: And in cate of an election
by a majoi ity ot all the votes returned, the- chose

n perſon, (hall have a majority of votes, the Houſe
olf Repreſentatives ſball, by ballot, elect. two out of
. four pet ſons who had the higheſt numbers of votes,
if ſo many {hall have been voted for; but, if other-
Vile, o out of che number voted for; and male re-

4 122

2 ——

hall be by them declared and publiched: Bat if

w WS c_— "SS had. A

11 „

urn to the genate of ihe to perſons (> elected; a
which, the Senate ſhall proceed, by ballot, to ales
one, Who ſhall be declared Goyernap. r.

IV. Tas Governor ſhall have charity: fan

lime to time, at his diicretion, to aſſemble and call

together the Counſellors of this Commonwealth
for the time being; and the Governor, with the

faid Counſellors, cr five of them at- leaſt, ſhell, and
may, from time to tie, hold and keep a Coun-

cil, for the ordering and ditecting the affairs of the
Commonwealth, agrecably to the Conſtiation and
the laws of the land.

V. Tas Governor, with advice of. Council, ſhall
0 full power and authority, during the ſoclion -of
the General Court, 1% adjourn” ot prorogue ihe
lame to any time the twWo Houſes, ſhatl.defice ;; and 55
to diſſolve the ſame on the day next preceding th >
lat Wedneſday i in May; and, in the. xecels. of the
aid court, to prorigue.the, ſams from timo io time,
pot exceeding ninety days. in any one receſs; and to
call it together ſooner. than the time to which -4t
way be adjourned, or prorogued, if. the welfarg of
ue Commonwealth ſhall. require the ſame: And
da caſe of any in{eQious diſtemper prevailing in the
place where the ſaid court is next at any time to
convene, or any other cauſe happening whereby dan-
ger may arile tothe health or lives of the members
trom theic attendance, he may direct the ſeſſion to,
be held at ſome other the mot convenient place |
within the State,

Ang the Governor mal! diſſolve the idGeneral—g./
Court on the day next preceed: ing the laſt Wedngf *
wy in May.

YU, bn; ca ales o diſagreement berreen the two |

I Houſes,

-

E

Houſes, with" regard to the neceſſity, expediency
or time of adjournment, or prorogation, the Go-
vernor, with advice of the Council, ſhall have a
right to adjourn- or protogue the General Court,
not exceeding ninety 1 285 as he ſhall determine the
| oe good: ſhall require,” | + Ae
VII. Tr # Governor of this Cortinoniealh for
ihe. time being, thall be the commander in chief
of the army and navy, and of all the military forces
of the State, by ſea and land; and ſhall--have full
power by Hümſelf, or by any commander, or other
officer or oſticers, from time te time, to train, in-
Ktract, exereile and govern dhe militia and navy;
und, tor thb tpecial defenee-and ſafety of the Com-
Mmonwealth, 0 aſſemble in Martial array, and put 1 in |
— Walike poltutt; the ibm bitatms theteof, und to
Jeid and eendudt them, and th them, to encouti- |
Xet,!repel; reſiſt, expel and purſue, by force of arms,
as well by fea 2b by: fand, within Gr R hut the li-
mits of this Commonwealth; and alſo te kill, "Nay
and. deſtroy,%if neceſary, and conquer; by all f tiog
ways, enterprizes and meas whatſoever Fall afid
every ſuch perſon and *perſons'as ſhall; ät any time
hereafter, in a hoſtile manner attempt or enterprize |
the deſtruction, invaſion; detriment, or anncyaner of
this Commonwealth; and'to uſe and exerciſe, over
"the army and navy, and over the militia in actual
Tſervice, the law - martial, in time of war or invaſi-
don, and alſo in time of rebellion, declared by the
begilature to exiſt, as occaſion ſhall neccffarily 1
| aire ; and to take and ſutprize by all ways and
- means whatſoever, all and every ſuch per ſon or per-
ſons, with their (hips, ars, ammunitibp and other

goods, as hall, 1 in 2 hoſtile manner, inyade, or at-
| --.-. tompe--

n

tempt che invading, conquering, or annoying this 5
Commonwealth; and that the SVernor be intfuſt- Prove
ed with alt theſe and ether powers, incident to the (Barr
_ eflices of Captain-General and Commander in Chief,
and. Admiral, to be exerciſed agreeably to the rules
and regulations of the Conſtitution, and the laws of
the hand; and not ctherwiſe. |
LN Provide D, that the ſaid Governor ſhall not, at
any time hereafter, by virtue of any power by this
Conftitution granted, or herzafter to be granted to
him by the legiſlature, tranſport any of the inhahi-
tants of this Commonwealth, or oblige them to
march out of the limits of the ſame, without their
free and voluntary conſent, or the conſent of the a}
General Court; except ſo far as may be neceflacy ws,
to march or tranſport them by land or water, for the 9 I
defence of ſuch part of the State, to which thoy
cannot otherwiſe conveniently have acceſe.
VIII. Tus power of pardoning offences, except
ſuch as perſons may be convicted of before the Se-
nate by an impeachment of the Houſe, ſhall be in

the Governor, by and. with the advice of Council:

hut no charter of pardon, granted by the Governor,
with advice of the Council, before conviction, ſhall |
avail the party pleading the ſame, notwithſtanding ; 6
any general or particular expreſſions contained
therein, deſcriptive of the offence, or offences in-
tended to be pardoned,
= IX. ALL judicial officers, the tttorney-Ganeral,”
the Solicitor-General, all Sheriffs, Coroners, and
Regiſters of Probate, thall be nominated and ap-
8 pointed by the Governor, by and with che advice
and conſent of the Council; and every ſuch nomi-
8 nation al be made Os the Ore and 1

« Ts . and ſobalterns of the Militia, |

Thall be elected by the written votes of the train-
band and alarm lift of their reſpective companies, of
twenty-one years of age and upwards ; The field-

officers of regiments, ſhall be elected by the wiit- |
ten votes of the Captains and ſubalterns of their re-

ſpective regiments : The Brigadiers ſhall be ele ged

in like manner, by the field- officers of their reſpec-
tive brigades: And ſuch officers, fo elected. ſhall
be commiſſioned by the Governor, who hall de-

termine their rank.

Tu Legiſlature ſhall, by Aanding | aws, dire

the time and manner of convening the elefors,
and of collecting votes, and of certifying to the Go-
vernor the officers ele ed.

Tux Major- Generals ſhall be apppinted by the

Senate and ITouſe of Repreſentatives, each having

a negative upon the other and be commiſſioned
by the Governor.

Ax p if the eleQors of Brigadiens, feld. officerd,”
Captains or ſubalterns, ſhall neglect or refuſe to
make ſuch (lections, after being duly notified, ac-

ordiog to the laws for the time being, then the

"Governor, with advice of Council, ſhall e -

ſaitable perſons to fill lach offices.

AND no officer, duly commiſſioned to command

in the militia, (hall be removed ſtom his office, but
by the addreſs of both houſes to the Govertior, Or
by fair trial in court martial, purſuant to the laws
of the Commonwealth for the time being, |
Tun commanding ofticers of regiments Mall ap-
Point their Adjutants and Quarter-maſters ; the Bri-

gadiers their Brigade- Majors; ; and the Major- GC r-

nerals their Aids ; and the Goyęrnor ſhall appoint
the Adjutant- General, 5 Tu E

. 1

Tus Governor, with advice of Conneil, (half
appoiat all officers of the continental army, whom
by the confederation of the United States it is pro-
vided that this Commonwealth ſtiall appoint, —as

alfo all officers of forts and garriſons. |
Tax diviſions of the militia into brigades re2i-
ments and compahies, made in purſuance of the
_ militia laws now in force, ſhall be conſidered as
the proper diviſions of the militia of this Common2

wealth, until the ſame ſhall be altered in purſuance

of tome future M.

Xl. No monies ſhall be iſſued out of the treaſury
of this Commonwealth, and difpoſed of (excepr
ſuch ſums as may be appropriated fer the redemp-
tion of bills of credit or Treaſurer's notes, or for

the payment of intereſt arifing thereon} but by

watrant: under the hand of the Governr for the

time being, witlr the advice and cenſent of the

Council, for the necefiiry defence and ſapport of
the Commonwealth; and for the protection and
preſervation of the inhabitants thereof, azreeably to
the acts and reHives of the General Court.
XII. Art. public beards, the Commiſlary-Genee

ral, all ſuperintending officers of public magazines
and ſtores, belonging to this Commonwealth, and
all commanding officers of forts and garriſons with-

in the ſame, ſhall once in every three months offi-

cially and without requiſitign, and at other times,

when required by the Governor, deliver to him an

account of all goods, ſtores, previfions, ammuni-

tion, . cannon with their appendavee, and ſmall arms
with their accoutrements, and of all ether public

property whatever under their care relpectively;
e E 5 diſtinguiſhing

Cee

1

eilinguicbing the quantity, number, quality and
kind of each, as particularly as may be ; together
with the condition ot ſuch forts and garriſons : 3
And the ſaid commanding officer ſhall exhibit to
the Governor, when required by him, true and ex-
act plans of ſuch for ts, and of the land and ſea or
harbour or harbours adjacent, :

AnD the ſaid boards, and all public officers, all
communicate to the Governor, as ſoon as may be
after receiving the ſame, all letters, diſpatches, and
intelligences of a public nature, which ſhall be di-
rected to them reſpectively. 8

XIII. As the public good requires that the Go-
vernor ſhoyld not be under the undue influence of
any of the members of the General Court, by a
dependance on them for his ſupport—that he ſhould
in all cates, act with freedom for the benefit of the

eublic—that. he ſhould not have his attention ne-
ceflarily diverted from that object to his private con-
cerns - & that he ſhould maintain the dignity ef the
Commonwealth in the character of its chief magi-
Krate— it is neceflary that he ſhould Ve an honora-
ble ſtated ſalary, of a ſixed & permanent value, amply

Auflicient for thoſe purpoſes, & eſtabliſhed by ſtand-,

. 1 A;
| Calis fot

ing laws : And it ſhall be among the firſt acts of the

General Court, after the commencement of this Con-
ſtitution, to efteblith ſuch ſalary by law accordingly.
PeRnMAN ENT and honorable ſalaries hall alſo be
eſtabliſhed by law for the Juſtices of the ſupreme
judicial court.

Ap if it ſhall be found, that any of the falaries_
atorciid, fo eſtabliſhed, are inſufficient, they ſhall,
from time to time, be enlarged as the General |
Court thall judge —

* dat

V Clap,

— A.

X- 35 1
CHA ©. ＋ E R II.
1 u 4: 0 N 11

5

ie.

: Laeutenant-Governor. f

Art. "HERE hall be annually elected a Than
os * tenant- Governor of 'the Commonwealth
of Maſſachuſetts, whole title ſhall be HIS HONOR.
and who ſhall be qualified, in poiat of religion,
property, and reſidence in the Commonwealth, in
the ſame manner with the Governor : And the day 9
and manner of his election, and the qualifications _
of the electors, ſhall be the ſame as are required in
the election of a Governor. The return of the
votes for this officer, and the declaration of his elec-
tion, ſhall be in the ſame manner: And if no one
perſon ſhall be found to have a majority ol all the
votes returned, the vacancy ſhall be filled by the Se-
nate and Houſe of Repreſentatives, in the ſame
manner as the Governor is to be elected, in caſe no one

perſon ſhall have a . of the votes of the peo-

ple to be Governor. —
II. Tus Governor, and in his abſence the Lieu- 2 Hi on
tenant-Governor, ſhall be Preſident of the Council, With

but ſhall have no vote in Council: And the Lie- Vol.
tenant-Governor ſhall always be a member of the
Council, except when the chair of the Governor
ſhall be vacant.

III. Wur NEVER the chair af the Governor ſhall

be vacant, by reaſon of his death, or abſence from

the Commonwealth, or otherwiſe, the Lieutenant-

Governor, for the time tt ſhall, during ſuch
E'3--: — Facancy, |

= — — 4

1

[ *

vaeancy, .perform all the duties incumbent u
the Governor, and (hall have and exerciſe al! the

powers and authorices,.which by this Cenſticution

ſen. Governor is veltcd _ wh: CD perſonally pre-
cat,

N

—

al 3 | | |

CHAP PTER 1.
„„ III.

Council, and the Manner of ſettling

| FleQions by the Legillature.

Art. THERE hall be a Council for adviſing the
J. Governor in the executive part of go-
vernment, to conſiſt of nine perſons beſides tlie

| Licutenant-Governor, whom the Governor, for the
time being, | ſhall have ful] power and authority,

from time to time, at his diferetion, to aſſemble and

call together, And the Governor, with the ſaid
Count elio:s, or five of them at leaſt, {hall and may,

from time to time, hold and keep a Council, for
the ordering and direfting the affairs of the Com-

monvcalth, according to the laws of the land.
I}. Nine Coantellors ſhall be annually choſen

frem among the perſons returned for Cousſcllors

and Senatcrs, on tlie laſt Wedneſday in May, by the
oint ballot of the Senators and Repreſontatives als
ſembled in one room: And in èaſe there ſhall not

be found upon the firſt choice, the whole number

of nine perſons O will accept a ſeat in the Coun-

bil, he deficiency (hall be made up by the electors
r n :

Iz . I #1 * 0 Po
. *

e 1

„

| atoreſaid frem among the people at large; and the
number of Senators left ſhall eonſtitute the Senate
for the year. The ſeats of the perſons thus elected

from the Senate, and accepting the truſt, ſhall be

vacated in the Senate.

III. Tus Counſellors, in the civil arrangements

of the Commonwealth, ſhall have rank next after
the Licutendht-Garernor, ooo;
IV. Nor more than two Counſellors ſhall be

3 out of any one diſtrict of this Common-
wealth. 5 5 e SE

V. Tas reſolutions and advice of the Council

| ſhall be recorded in a regiſter, and ſigned by the

members preſent ; and this record may be called

for at any tame by either Houſe of the legiſlature ;

and any member of the Council may inſert his opi-

nion contrary to the reſolution of the majority. _
VI. WarngveR the office of the Governer

and Lieutenant - Governor ſhall be vacant, by reaſon

ot death, abſence, or otherwiſe, then the Council

or the major part of them, ſhall, ducing ſuch vacan-

Cy, have full power and authority, to do, and exe -
gute, all and every ſuch acts, matters and things, as

the Governor or the Lieuienant-Goyernor migat er
could, by virtue of this Conſtitution, do or execute,
if they, or either of them, were perſonally preſent.
VII. Axp whereas the elections appointed to be
made by this Conſtitution, on the laſt Wedneſday
in May annually, by the two Houſes of the legiſla-
ture, may net be compleated on that day, the ſaid

—
. ; :

elections may be adjourned from day to day en DJ

the ſame (hall be cempleated, And the order
elgRions fall be as allo; the Yacancics in thebc-
* 1 1 8 7 „ WY TRE y „ nate.

=

o

2

IY — —

"I oY m
\ — - -

+ I

1 38 J

nate, if any, ſhall firſt be filled up; the Governor

and Lieutenant-Governor - ſhall 5 be elected,

provided there ſhould be no choice of them by the
people : And afterwafds the two Houſes hall 5
ceed to the election of the Council.

101 2 3 .

„ HAF II.

Secretary, Tx exfurer Commilſary, Ke,
Art. I. 11 5 Sd Treaſurer and Reder
* - General, and the Commiſſary-General,
Aal Pic: and Naval. Otticers, {hall be choſen
annually, by joint ballot of 'the Senators and Repre-
ſenta:ives in one room. And that the citizens f
this Commonwealth may be aſſured, from time to

time, that the monies remaining in the pudlic Trea-

Jury, upon the ſettlement and liquidation of the

ublic accounts, are their property, no man ſhall be
eligible as "Treaſurer and Receiver-Genordl more
Way five years ſucceſſively.

II. Taz records of the Commonwealth ſhall be
pet in the office of theSecretary, who may appoint
his Deputies, for whoſe conduct he ſhall be account-
able, and he ſhall attend the Governor and Council,

the Senate and Houſe of Repreſentative», in perſon, :

or by his depalies, as ey ſhall 1 e re-
quire. | |

—

CHAPTER

1

CHAPTER: mn. :

© Judiciary, Power i

Art. [ __ tenure, ir all 0 off! "Bi |

ſhall by law have in their offices, (hall

; be expreſſed | in they reſpeRtive comini ions. Alt
judicial officers, duely appointed, committioned and

ſworn, ſhall hold their office; turing good behavior;
excepting ſuch concerni m there is different.
proviſion made in this Conſtitution : Proyided ne-
verthelefs, the Governor, with conſent of the Coun-

eil, may remove them upon the addreſs of both

Houſes of the Legiſlature,

II. Eacn branch of ts ee as wt as

the Governor and Council, ſhall have authority to
require the opinions of the Juſtices of the ſupreme

judicial court, upon important R of law,

and upon ſolemn eee ©. 77 f 5 ifagt
III. IN order that the people may not ſuffer

- Pa the long continuance in place of any Juſtice:
of the Peace, who ſhall fail of diſcharging the im-
portant duties of his office with ability or: fidelity,

*

: all commiſſions of Juſtices of the Peace ſhall expire 7 J

and become void, in the term of feven' years from

their reſpective gates; and upon the. expiration of
any commiſſion, the ſame. may, if neceſſary, be re-
newed, or another perſon appointed, as ſhall moſt
conduce to the well-being of the Common-

weatlh.

IV. The judges of Probate of Wille, and for

granting letters of adminiſtration, ſhall hold their
couris at ſuch place or places, on fixed days, as the

Convenience of the Pope ſhall Ns ns And the
| Le

cer]

—

—

| 1

\ Legiſlature ſhall, from time to time, hereafter ap-
point ſuch times and places; until which appoint-
ments, the aid courts ſhall be holden at the times
and places which the reſpective Judges ſhall direct.

V. ALL cauſes of marriage divorce and alimo-
ny, and all appeals from the Judges of Probate
ſhall be heard and determined by the Governor
and Council until the Legiſlature ſhall, by law,
make other proviſion. 5

4 hd th 4 . - * —
ä —

_

CHAPTER IV.

Delegates to Congress

"THE delegates of this Commonwealth to the
| Congreſs of the United States, ſhall, ſome-
time in the month of June annually, be elected by
the joint. ballot of the Senate and Houſe of Re-
. preſentatives, aſſembled together in one room; to
' ſerve in Congreſs for one year, to commence cn the
firſt Monday in November then next enſuing, They. .
ſhall have commiſſions under the hand of the Go-
vernor, and the great ſeal of the Commonwealth ;
but may be recalled at any time within the
year, and others choſen and commiſſioned, in
the ſame manner, in their ſtead, "FS |

—— —— — — ; : N . : :
* — — ————
a —
p a

CH a7 TH |

The Univeriity at Cambridge, and En-
e of Literature, &c.

s E E * 1 O N 1.
The Univerff ity,

Art, ct JN HERE AS our wiſe and pious anceſtors;

ſo early as the year one thouſand fix
Bunde and thirty. ſix, laid the foundation of Har-
vard-College, in which univerſity many perſons of
great eminence have, by the bleſſing of GOD, been
initiated in thoſe arts and ſciences, which qualified |
them for public employments, both in Church and
State: And whereas the encouragement of arts
and ſciences, and all good literature, tends to the
honor of GOD, the advantage of the chriſtian re-
hgion, and the great benefit of this and the other
United States of America—1t is declared, That the
PRESIDENT axnp FELLOWSEer HAR VARD-
COLLEGE, in their corporate capacity, and their
ſucceſſors in that capacity, their officers and ſer-
vants, ſtall have, hold, uſe, exerciſe and ep joy, all
the powers, authorities, rights, liberties, privileges,
immunities and franchiſes. which they now have,
or are entitied to have, hold, uſe, exerciſe and en-
joy: And the ſame are hereby ratified and confir-
med unto them, the ſaid Preſident and Fellows of
Harvard- College, a and to their ſucceſſors, and to
their officers and ſervants, reſpectively, forever,
— 3 II. Ax

4

La] .

) Legillature ſhall from time to 3 "ROY we ap-
point ſuch times and places; until which appoint-
ments, the aid courts ſhall be Holde at the times
and places which the reſpective Judges ſhall direct.
V. Arr cauſes of marriage divorce and alimo-
ny, and all appeals from the Judges of ' Probate
ſhall be heard 1552 determined by the Governor |
and Council until the NL ſhall, * law, f

make other provifion, .

G . ; i # 8 "2 "Ke ,

1 — 4 W J » L

. . F 4 * : 1 W e . n
1

Yr" ** 5 8 —_

n A r * * IV.

| Delegates to Congreſs, . _ A

"£3

HE delegates of this e to . |
Congreſs of the United States, ſhall, ſome-
time in the month of June annually, be elected by
the joint. ballot of the Senate and Houſe. of "9g |
preſentatives, aſſembled together in one room; to
| ſerve in Congreſs for one year, to commence on the
firſt Monday in November then next enſuing. They
ſhall have commiſſions under the hand of the Go-
vernor, and the great ſeal ot the Commonwealth: ;
but may be recalled: at any time within the
year, and others choſen, and ee, in
the lams manger, in Er ſtead, 8

LAT
VVV

The Univerſity at Cambridge, and En-
couragement of Literature, &c.

n T1 |
The Univerſity.
Att.

5 ſo early as the year one thouſand ſix
hundred and thirty-ſix, laid the foundation of Har-

rard-College, in which univerſity many perſons of

great eminence have, by the bleſſing of GOD, been
initiated in thoſe arts and ſciences, which qualified
thera for public employments, both in Church and
State : And whereas the encouragement of arts

and ſciences, and all good literature, tends to the

| honor of GOD, the advantage of the chriſtian re-
| Hgion, and the great benefit of this and the other
United States of America—1t is declared, That the

PRESIDENT any FELLOWScr HARVARD-
COLLEGE, in their corporate capacity,” and their

ſucceſſors in that capacity, their officers and ſer-
vants, {hall have, hold, uſe, exerciſe and enjoy, all

the powers, authorities, rights, liberties, privileges,

Immunities and franchiſes, which they now have,
or are entitled to have, hold, uſe, exerciſe and en-
joy: And the ſame are hereby ratified and confir-
med unto them, the ſaid Preſident and Fellows of
Harvard-College, and to their ſucceſſors, and to
their officers and ſeryants, reſpectively, forever.

e — III. Ang

—

17HEREAs our wiſe and pious anceſtors;

Tf

II. Kino: . there have been at ſundry
times, by divers perſons, gifts, grants, deviſes of
houſes, lands, tenements, goods, chattles, legacies

and conveyances, heretofore made, either to Har-
vard- College in Cambridge, in New-England, or
to the Preſident and F ellowe of Hatvard-College,
or to the {aid College, by ſome other deſcription,
under ſeveral charters ſucceſſively : IT IS DE-
CLARED, That all the ſaid gifts, grants, deviſes,
legacies and conveyances, are hereby forever con-
firmed unto the Prefident and Fellows ef Harvard-
College, and to their ſucceſſors, in the capacity
aforeſaid, according to the true intent and meaning
of the donor or donors, grantor or grantors, deviſor

or deviſors,

III. Anp whereas by an at of the General Court |
of the Colony of Maſſachuſetts-Bay, paſſed in the

| Fear one thouſand ſix hundred and forty-two, the

| Governor and Deputy-Governor, for the time be-
ing, and all the magiſtrates of that juriſdiction, were,
with the Preſident, and a number of the clergy in

the ſaid act deſcribed, conſtitutsd the Overſeers of

4 Harvard- College : And it being neceſſary, in this
| new Conſtitution of Government, to aſcertain who
ſhall be deemed ſucceſſors to the ſaid Governor,
Deputy-Governor and Magiſtrates : iT IS DE-
CLARED, That the Governor, Licutenant-Go-
vernor, Council and Senate of this Commonwealth,
are, and ſhall be deemed, their ſucceſſors; whe,
with the Preſident of Harvard-College, for the
time being, together with the miniſters of the con-
gregational churches in the towns of Cambridge,
Watertowp, Charleſtown, Boſton, Roxbury, and

Dorcheſter,

E

Dorcheſter, mentioned in the ſaid act, ſhall be, and
hereby are, veſted with all the powers and autho-

rity belonging, or in any way appertaining to the

Overſeers of Harvard-College ; ypRovIDED, that

nothing herein ſhall be conſtrued to prevent the

Legiſlature of this Commonwealth from making

ſuch alterations in the government of the. ſaid uni-

verſity, as ſhall be conducive te its advantage, and

the intereſt of the republic of letters, in as full a
manner as might have been done by the Legiſla«
ture of the late Province of the Maſlachuſetts-Bay.

C H A P T EY
„% C T1080 m_

The Encouragement of Literature, &c.

FX 7ISDOM, and knowledge, as well as virtue;

VV diffuſed generally among the body of the

people, being neceſſary for the preſervation of their
rights and liberties; and as theſe depend on ſpread-

ing the opportunities and advantages of education

in the various parts of the country, and ameng the
different orders of the people, it ſhall be the duty
of legiſlators and magiſtrates, in all future periods
of this Commonwealth, to cheriſh the intereſts of
literature and the ſciences, and all ſeminaries of
them; eſpecially the univerſity at Cambridge, pub-
lic ſchools, and grammar ſchools in the towns;
to encourage private ſocieties and public inſtituti-
ons, rewards and immunities, for the promotion of

wa ů ———

E 2 agriculture,

E 1

agriculture, arts, ſciences, commerce, trades, ma-
nufactures, and a natural hiſtory of the country; to
countenance and inculcate the principles of huma-
nity and general beneyolence, public and private
charity, induſtry and frugality, honeſty and punctu-
ality in their dealings; ſincerity, good humour, and
all ſocial affeclions, and generous ſentiments among
the people, | F

IT

ZH AF TT ER - VL
Caths and Subſcriptions ; Incompatibili-
ty of and Excluſion from Offices; Pe.
cuniary Qualifications ; Commiſſions;
Writs; Confirmation of Laws ; Ha-
beas Corpus; The Enacting Stile;
Continuance of Officers; Proviſion for
a future Reviſal of the Conſtitution,

Art. A NY perſon choſen Governor, Lieutenant-
1, Governor, Counicllor, Senator, or Re-
preſentative, and accepting the truſt, ſhall, before
he proceed to execute the duties of his place or of-
fice, make and ſubſcribe the following declaration,
_— Ee. J
, A. B. do declare, that I believe the chriſtian
religion, and have a firm perſuaſion of its truth;
and that I am ſeized and poſſeſſed, in my own right,
of the property required by the Conſtitution as one
qualification for the office, or place to which I am
—_ _— zz ARD

8 45 7

fun the Governor, L Governor. ind
Counſellors, ſhall make and ſubſcribe the taid de-
claration, in the preſence of the two Houles of Aſ-
ſembly; and the Senators and Repreſentatives firſt
elected under this Conſtitution, before the Preſi-
dent and five of the Council of the former Conſti-
tution, and forever afterwards before the Governor

and Council for the time being.

Ax p cvery perſon choſen to either af the places Ls
or offices aforeſaid, as alſo any perſon appointed or

commiſſioned to any judicial, executive, military,
or other office under the government, ſhall, before
he enters on the diſcharge of the buſineſs of his
place or office, take and ſubſcribe the following
declaration, and oaths or affirmations, viz.—

«J, A. B. do truly and ſincerely acknowledge,

profeſe, teſtify and declare, that the Commonwealth
of Maſſachuſetts is, and of right ought to be, a

free, ſovereign 2nd independent State ; and 1 do

| ſwear, that I will bear true faith and allegiance to
the ſaid Commonwealth, and that I will defend the
ſame againſt traiterous conſpiracies and all hoſtile
attem pts whatſoever: And that I do renounce and
abjure all allegiance, ſubjection and obedience to
the King, Queen or Government of Great-Britain,
(as the caſe may be) and every other foreign power
whatſoc ver: And that no foreign Prince, Perſon,
Prelate, State or Potentate, hath, or ought to have,
any juriſdic ion, ſaperiority, pre- eminence, autho-

rity, diſpenſing or other power, in any matter, civil

eccleſiaſtical or ſpiritual, within this Common-

wealth; except the authority and power which is

or may be veſted by their Conftitucuts in the Con-
grels

E
greſs of the United States: And I do further teſti-
ty and declare, that no man or body of men hath
or can have any right to abſolve or diſcharge me

from the obligation of this oath, declaration or af-
firmation; and that I'do make this acknowledge-

ment, profeſſion, teſtimony, declaration, denial;
renunciation and abjuration, heartily and truly, ae-
cording to the common meaning and acceptation
of the foregoing words, without any equivocation,

mental evaſion, or ſecret reſer vation whatſoever,

So help me GOD.” | |
J, A. B. dg ſolemnly ſwear and affirm, that

I will taithfally and impartially diſcharge and per-

form all the duties incumbent cn me as ;
according to the beſt of my abilities and under-
ftanding, agrecably to the rules and regulations of

the Conſtitution, and the laws of this Common
wealth.“ 80 help me GOD.”

PaovipeD always, that when any perſon choſen
or appointed as aforeſaid, (hall be of the denomi-
nation ef the people called Quakers, and ſball do-
eline tak ing the ſaid daths, he ſhall make his affi --
mation in the foregoing form, and ſubſeribe the

ſame, omitting the words © 7 do ſwear," ant
ebjure,” «cath er,” and aljuratiou, inthe firft
_eath ; and in the ſecond oath, the words * /wear
and; and in each of them tha words o Belp

me G O D;“ ſubjoining inſtead thereof, Thrs
1 ds under the pains "and peniai eee ß
ANv»Þ the ſaid oaths or affirmations ſhall be taken

and ſubſcribed by the Governor, Lieutenant-Go-

vernor, and Counſcilors, before the Preſident of

the Senate, in ine pretence of the tWe Houſes of

* $

E *

Aſſembly; and by the Senators and Repreſentatives
firſt elected under this Conſtitution, before the Pre-
ſident and five of the Council of the former Con-

ſtitution; and forever afterwards before the Go-

vernor and Council for the time being : And by
the reſidue of the officers aforeſaid, before ſuch _
ſons and in ſuch manner as fra
be preſcribed by the Legiſlature:

II. No Governorg; kipite ant
| Judge of the ſupreme auff

other office or place, undes auth

Commonwealth, except ſuch as by this
they are admitted to hold, ſaving that the 1
the ſaid court may hold the offices of Juſtices =
the Peace through the State ; nor ſhall they held
any other place or office, or receive any penſion or

_ falary from any other State or Goverment or Power

whatever.

No perſon ſhall be 3 of holding or exer-
ciſing at the ſame time, more than one of the fol-
lowing offices within this State, viz.— Judge of
Probate Sheriff Regiſter of Probate—or Regi-

ſter of Deeds—and never more than any two offi-
ces which are to be held by appointment of the
Governor, or the Governor and Council, or the Se-

nate, or the Houle of Repreſentatives, or by the , *' 4

election of the people of the State at large, or f am

the people of any county, military offices and the if
offices of Juſtiees of the Peace excepted, ſhall be

9 __ by one perſon. _

No perlon holding the office of judge of the 1
ſupreme judicial court—9ecretary—Attorney-Ge= — 3 |

neral.—80. llicitor. Cenctal— Tr ealurer or Receiver- g. A

Genen yo

324%

% -

TT

General Judge of Probate—Commiſſary-General
— Prefident, Profeſſor, or Inſtructor of Harvard-

ſentatives - Regiſter of Probate—Regiſter of Deeds

of the Cuſtoms, including in this deſcription Na-

val OBcers— (gl n the ſame time have a ſeat in

37 de Benate or Houle o&Rbpeeſcotatives ; but their
155 bpeißg choſen or;appetntegte;& accepting the ſame,
* | PCTRtc as a reſignation of their ſcat in the Se-
746 Ja! t Ho 1 F Reprelentatives; ng the place
bas boss ed Thall be filled up.

' a FAND the ſame rule ſhall take place i in caſe any

a Probate, ſhall accept a ſeat in Council; or any
* Counſellor ſhall accept of either of thoſe offices or
K places.
Ap no perſon ſhall ever be admitted to hold a
ſeat in the Legiſlature, or any office of truſt or im-
portance under the government of this Common-
wealth, who ſhall, in the due courſe of law, have
been convicted of bribery or corruption in obtain-
Ing an election or appointment.
III. In all caſes where ſums of money are men-
tioned i in this Conſtitution, the value thereof ſhall be

ounce : And it ſhall be in the power of the Legifla-
tions, as to property, of the perſons to be elected

to offices. as the circumſtances. of the Common-
wealth ——_ require,

IV. ALL

College—Sheriff—Clerk of the Houſe of Repre-

Clerk of the Supreme Judicial Court Clerk of
the Inferior Court of Commen Pleas—or Officer

1: RY Judge ot the laidSupreme judicial Court, or Judge of

computed in ſilver at fix millings and eight pence per

ture from time to time to increaſe ſuch qualifica-

. „ e Aa was

L 49 1

IV. Arr commiſſions ſhall be in the name of the
Commonwealth of Maſſachuſetts, ſigned by the
Governer and atteſted by the Secretary or his De- 8
puty, and have the great ſeal of the Commonwealth |
athxed thereto, _

V. ALL writs iſſuing out of he clerk's office in
any of the ceurts of law, ſhall be in the name of .
the Commonwealth of Mafſachuſetts: They ſhall EF
be under the ſeal of the court from whence they VN
iſſue : They ſhall bear teft of the firſt Juſtice of
ahe. court to which they ſhall be returnable, who
is not a party, and be ſigned by the clerk of ſuch.
court, _ ;

VI. Ar, the laws which have heretofore been
adopted, uſed and approved in the Province, Colo- i
ny or State of Maſſachuſetts-Bay, and uſually prac- Of AwvT wa |
ticed on in the courts of law, ſhall till remain and faves | 2
be in full force, until altered or repealed by the Le- |
gilature + - ſuch parts only excepted as are repug-

the” x ts and liberties contained in this

| ne privilege and: benefit of the writ of 1
habeas corpus thall be enjoyed in this Common- 72 be 44 2
wealth in the moſt free, eaſy, cheap, expedi- 7 |

tous and ample manner; and ſhall not be fuſ-(
_ pended by the Legiſlature, except upon the moſt

urgent and preſſing oceaſions, and for a limited time
not exceeding twelve months. f
VIII. Tus enacting ſtile, in making and calle 0

| all acts, ſtatutes and laws, ſhall be Be it enacted
by the Senate and Houſe of Repreſentatives in 3

General Court eee and Fi ** ee of _

EL 9
| the ne, # th

33 ce RR. 1x, oy -
| 2˙ . | W7 ; e

2

{ran

Fo 1

Py

1X. To the end there may be no failure of jd
3 | ice or danger ariſe to the Commonwealth from à
— change of the Form of Government —all officers,
4 civil and military, holding commiſſions under the
; > duooreroment & people of Maſſachuſetts-Bay inNew

*4, England, and all other officers of the ſaid govern-
mept and people, at the time this Conſtitution ſhall
take effect, ſhall have, hold, uſe, cxerciſe and en-

joy all the pewers and authority to them granted or

I committed, until other perfons ſhall be appointed

1 in their ſtead: And all courts of law ſhall proceed

7. in the execution of the buſineſs of their A
departments; and all the executive and legiſlative
officers, bodies and powers ſhall continue in full
force, in the enjoyment and exerciſe of all their
truſts, employments and authority; until the Ge-
neral Count and the ſapreme and executive officers
under this Conſtitution are defignated and inveſted
3 with their reſpective truſts, powers and authority.
N. In order the more effeQuallgito adhere to
. the principles of tne Conſtitution, And to correct
thoſe violations which by any means may be made
therein, as well as to form ſuch alterations as from
exferience ſhall be found neceſſary the General

Court which ſhall be in the year of our Lord one

'thovfend ſeven hundred and ninety-five, ſhall iſſue

' precepts to the Seledtmen of the ſeveral towns,

: and to the aſſeſſors of the unincorporated planta-

= Re tions, direeting them to convene the qualified vo-

3 ters of their reſpe dive towns and plantations for

the purpoſe of collecting their ſentiments on the

-3.66eflity or expedieney ot reyiſing the Conſtitution,

in order to amendments, J notdgy TompTh

*
+ by . - * * 4. A
i ＋ 2 Fa 4g
a * oy 7

- 1 . . - -

AND
1

SA

FFP ĩ ⅛˙¹e . 0 ro h Whadt

2 — e TL WE

FE J

Av if it ſhall appear by the returns made, that
two thirds of the qualified voters throughout the

State, who ſhall afſemble and vote in conſe-
quence of the ſaid precepts, are in favour of ſuch

reviſion or amendment, the General Court hall

iſſue precepts, or direct them to be iſſued from the
Secretary's office to the ſeveral towns to elect de-

legates to meet in Conyention for the purpoſe

aforeſaid,

Tux ſaid delegates to be choſen in the ſame man-
ner and proportion as their Repreſentatives in the

fecond branch of the Legiſlature are by this Con-
Ritution to be choſen. N ;
XI. Tris form of government ſhall be enrolſed

on parchment and depoſited in the Secretary's o.

fice, and be a part of the laws of the land—and
printed copies thereof ſhall be prefixed to the book

containing the laws of this Commonwealth, in all.

future editions of the ſaid laws.
| JAMES BOWDOIN, Preſident.

.

Atteſt. en
SAMUEL BARRETT, Secretary.

5

|= CONVENTION.

March 2, 1780.

| ESOLVED, Thae this Convention be
| adjourned to the firſt Wedneſday - in [Jung
3 next, to meet at Boſton; and that Eighteen
hundred Copies of the Form of Government
which ſhall be agreed upon be printed; and, includ-
ing ſuch as ſhall be ordered to each Meinber of the
Convention, be ſent to the Selectmen of each Town
and the Committees of each Plantation, under
the direction of a Committee to be appointed
for the purpoſe: And that they be requeſted as
ſoon as may be to lay them before the Idhabitants
of their reſpective Towns and Plantations. And if
the major part of the Inhabitants of theſaid Towns
and Plantations diſapprove of any particular Part
of the fame, that they be deſired to ſtate their Ob.
jections diſtinctly and the Reaſons therefor :
And che Selectmen and Committees aforeſaid are
dceſired to tranſmit the ſame to the Secretary of
the Covention on the ficſt Wedneſday in June, or
if may be, on the laſt Wedacſday in May, in order
to his laying the ſame before a Committee to be
appointed for the purpoſe of examining and ar-
ranging them for the reviſion and confideration of
the Convention at the Adjournment; with the
Number of Voters in the faid Town and Plantat,
on Meetings, on each Cc of every Queſtion :

4 %
ed” 4

1
order that the ſaid Convention, at the Adjournment,
map collect the general ſenſe of their Conſtituents
on the ſeveral Parts of the propoſed Conſtitution :

And if there deth not appear to be two thirds of

their Conſtituents in favour thereof, that the Con-
vention May alter it in ſuch a manner as that it
may be agreeable to theSentiments of two thirds of

the Voters throughout the State. 5 |

Reſolved, That it be recommended te the Inha-
ditants of the ſeveral Towns and Plantations in
this State, to empower their Delegates at the next

5 | Seſlion of this Convention, to agree upon a Time
ans when this Form of, Government ſhall take Place,

_ without returning the ſame again to the People:
Provided that two thirds of the Male Inhabitants
ud of che Age of twenty one years and upwards, vot-
ing in the ſeveral Town 2nd Plaatation Meetings

2 ſhall agree to the ſame, or tie Convention ſhall con-

der form it to the Sentiments of two thirds of the Peo-
ple as ere

as Reſolved, That the Towns and Plantations thro?

nts this State have a Right to chooſe other Delegates,"

d if | inſtead of the preſent Members, to meet in
ns | Convention on the firſt Wedneſday in June next,
art] if they ſce fit. 8

= | *& truc Copy, Atteſt. ”
are - SAMUEL BARRETT, Seeretarr.
0b . e 241